Perry's vaccination order still stoking fires

But Bell urges Democrats to back governor for his stand on women's health

JANET ELLIOTT, Copyright 2007 Houston Chronicle Austin Bureau

Published 6:30 am, Thursday, February 8, 2007

AUSTIN — Blowback continued at the Capitol on Wednesday over Gov. Rick Perry's order mandating that schoolgirls be vaccinated against a sexually transmitted disease linked to cervical cancer.

Two lawmakers sent a letter to Attorney General Greg Abbott asking him to rule quickly on the governor's powers to issue such an executive order, particularly one that requires the appropriation of funds. Sen. Jane Nelson, R-Lewisville, and Rep. Jim Keffer, R-Eastland, also asked what recourse the Legislature has to overrule the order.

Perry shocked political allies and enemies on Friday when he made Texas the first state to require female students to be inoculated against the human papillomavirus to enter school. The order applies to girls ages 11 and 12 who are entering sixth grade next year.

Several bills have been filed this week to overturn Perry's order and prevent the vaccine from being required for a student's admission to school.

The issue undoubtedly will be debated by lawmakers, whether they are able to overturn the governor's order or not.

Also on Wednesday, Perry's onetime rival, Democrat Chris Bell, called on his supporters to back the governor on the issue. Bell, who ran second in a four-way gubernatorial race in November, said Perry has earned Democrats' support for his stand on women's health.

"The fact that Rick Perry consciously opposed his own party in doing the right thing is, while quite surprising, to his credit," Bell wrote in an e-mail. "Now it's our responsibility as Texans to put politics aside and support the choice he made."

Perry's spokesman, Robert Black, said Bell and Perry agreed during the campaign that the HPV vaccine should be mandatory, with parents who object being allowed to opt out as they can for other vaccines. But he said the news was not widely reported because the two candidates were taking the same position.

Many of those opposing the vaccine requirement are social conservatives who fear it sends a message to teens that sex is permissible. But the Texas Medical Association also opposes the mandate, citing the vaccine's newness, liability concerns and cost.

Others have raised issues related to Merck, the manufacturer of the vaccine, known as Gardasil.

Merck has been working around the country to get the vaccine required for school enrollment, and stands to earn millions.

The three-shot series costs $360; there are about 168,500 girls who will be entering sixth grade in Texas this year.

The spending plan Perry issued Tuesday includes $72 million to cover costs to administer the vaccine to uninsured children and those in government health care programs.

Rep. Charlie Howard, R-Sugar Land, filed House Bill 1115, which would pre-empt Perry's order. He said he is opposed to the vaccine because of health concerns.

Black said the executive order in no way prevents the Legislature from debating and passing legislation. He would not say what Perry would do if a bill circumventing his order reaches his desk.

On Tuesday, 26 out of 31 senators signed a letter asking Perry to withdraw his order. Among those signing was Sen. Leticia Van de Putte, author of a bill to require the vaccine.

Van de Putte, D-San Antonio, on Friday praised Perry's order. But she said she now thinks the matter should be decided by the Legislature.

"I appreciate Governor Perry's bold move, and of course agree with this worthwhile cause," she said. "However, based on the concerns expressed by a number of my colleagues regarding the appropriations process, and the fact that the Legislature is actually in session, I feel we should have the opportunity to bring this matter to a full, open debate."

Rep. Jessica Farrar, D-Houston, author of a similar bill to mandate the vaccine, said on Friday that she was glad Perry took action because her bill wouldn't have been able to pass the House.

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